What is there in this case to distinguish it
from all others? You have filed the salaries
of other officers.
Mr. STIRLING. I would like to know what
distinction there is between this and the State
reporter ?
Mr. CHAMBERS. The State reporter is an
officer of the courts, and his duties depend
upon the amount of business in the courts,
which is by no means uniform. But I am
not responsible for that. Here is a case se-
lected, differing from the others in the con-
stitution by no principle that I know of, and
I ask upon what principle it is said that some
shall have and others shall not have their sal-
aries designated.
The gentleman says that if the legislature
appoint an officer, they should fix his salary.
I say just the reverse. If the legislature ap-
point the officer, it will account some favorite,
and hence they are the last persons to fix the
salary. The persons who fix the salary
should be impartial men. When the people
elect an officer, the legislature stand indiffer-
ent, so far as the record shows, with no feel-
ing for the particular individual; but if they
nominate him, they certainly have a par-
tiality, a feeling in his favor.
My own opinion is that there ought to have
been but one amendment to this section. I
hold that the librarian ought to have been
appointed by the court. I think the argu-
ment of the gentleman from Baltimore (Mr.
Stirling) indicates that. Any other amend-
ment to this section is altogether out of place.
It strikes me that the salary was properly
raised. It is true that there are contingen-
cies arising from the change in the currency
and other causes. But the salary of the
judges and of every other officer will be liable
to fluctuation by reason of the change in the
value of gold, just as much as the librarian.
Why single out this particular case? So I
think the section ought to be adopted pre-
cisely in the language reported by the com-
mittee, with the exception only that the court
should be the appointing power.
I think the amendment adopted, by a small
majority, unadvisedly, an entirely unneces-
sary provision. There is a general provision;
and we should strike out one or the other.
We first make a provision which applies to all
cases, and then in each particular case apply
the same principle; for that is the only object
of it. I am against it, not because I have
any objection to the effect of it in that case,
but because it is tautology and a reiteration
of a provision already made, precisely identi-
cal and of the same character.
I am therefore, so far as my vote is con-
cerned, as at present advised, not knowing
what amendments may yet be offered, in favor
of adhering to the report as preseated by the
committee.
The amendment moved by Mr. STIRLING
as modified by him, was rejected. |
Mr. DUVAI.L submitted the following amend-
ment:
Amend section 3, by adding the following
words:
"And whenever the general assembly shall
appropriate any amount of money for the ex-
penses of any duties to be performed by the
librarian, such amount shall be only paid by
the comptroller and treasurer upon the order
of the governor of the State, who shall trans-
mit to the next succeeding general assembly
a report giving the details of such expenses.'
The amendment was rejected.
No further amendments were offered.
COUNTY COMMISIONERS.
The next section was read as follows:
Sec. 4. 'The county authorities, now
known as county commissioners, shall be
styled "county commisioners." and shall
be elected by general ticket, and not by dis-
tricts, by the voters of the several counties,,
on the — day of — in the year —,
and on the same day in every second year
thereafter; said commisioners shall exercise
such powers and perform such duties only as
the legislature may from time to time pre-
scribe; but such powers and duties shall be
similar, and the tenure of office uniform
throughout the State, and the legislature
shall have power to pass such laws as may. be
necessary for determining the number for
each county, fixing the salary, and ascertain-
ing and defining the powers, duties and ten-
ure of office of said commissioners; and the
commissioners elected under this constitution
shall have and exercise all the powers and
duties in their respective counties, now exer-
cised by the county commissioners under the
laws of the State, and they shall receive the
same salary, and their preseat number in the
several counties shall remain the 'same until
changed by law.
Mr, PURNELL submitted the following
amendment:
Amend by striking out all after the word
" the" in the fourth line to the word "and,"
in the fifth line, and insert "Tuesday next
after the first Monday of November, in the
year eighteen hundred and sixty-five."
The amendment was agreed to.
Mr. RIDGLEY. I will inquire of the com-
mittee what reasons influenced them in pro-
viding for the election of these officers by-
general ticket in the county and not by dis-
tricts. It has always appeared to me that
the interests of the people would be better.
promoted by having the unity which gener-
ally prevails in such boards destroyed, and
having a minority always represented in these
county boards; which would be accomplished
by having these commissioners chosen by dis-
tricts and not by general ticket.
Mr. CLARKE. This matter really under-
went no considerable discussion before the
committee. The provision of the old consti- |
